On Tuesday, a federal grand jury issued a third indictment against ex-President Trump, charging him with four federal offenses for his attempts to obstruct Joe Biden’s presidential inauguration. The accusations consist of three charges of conspiracies against the American people and voters, with the fourth charge accusing him of endeavoring to impede Congress’ certification of the electoral college vote on January 6 and 7, 2021.
It is another distinction for the former first president to be the first sitting president to face criminal charges and be impeached twice, with the Senate acquitting him twice.
Trump has not pleaded guilty, and the case against him is still pending. In March, a grand jury in Manhattan accused him of violating state law by falsifying business records in connection with hush-money payments to a porn star. His legal troubles began when the jury convened.
On July 27, three additional charges pertaining to the classified documents were included in a revised indictment. Following his departure from the White House, Trump entered a plea of not guilty to all charges. On June 8, a federal grand jury in south Florida indicted him on 37 felony charges in connection with his management of classified documents.
A new indictment was issued on Tuesday, stemming from a second investigation led by Jack Smith, which looked into allegations that Trump tried to interfere in the 2020 election. The charges were the result of a probe led by special counsel Jack Smith, appointed by U.S. Attorney General Merrick Garland.
In Fulton County, Georgia, grand juries have been investigating the influence Trump exerted on election officials in that region to transform his narrow loss in that particular state into a triumph. There is a possibility of another indictment related to the election on the horizon.
Here’s a rundown of what’s happening, starting with the recent developments and continuing back to the first indictment, as well as other looming problems for the former president.
The House select committee, which held hearings on January 6th, urged the Department of Justice to bring charges against the former President. Anyone familiar with the accusations will know that the indictment, which alleges that Trump worked with at least six unnamed co-conspirators, including a political consultant and five lawyers, is an attempt to retain his presidency after losing to Biden.
The indictment falsely accuses the conspirators and makes “unbelievable” claims about election fraud with full knowledge; deceiving officials in seven states to overturn election results; impeding Congress’ certification of the electoral college vote by forming groups of counterfeit electors; and attempting to convince Vice President Mike Pence to endorse the deceitful elector plan.
Each count carries a potential prison term ranging from a maximum of five years to a maximum of twenty years if Trump is convicted.
Biden’s administration engaged in interference during the election, as Trump denounced the charges on his social network, Social Truth. He further stated that he was advised by numerous lawyers and did nothing wrong.
What happens next?
Trump, as reported by NBC News on Thursday, is set to make an appearance in front of a federal magistrate judge in Washington. He will be required to enter a plea formally and may have the option to post bail in order to avoid being released on his own recognizance.
The case will proceed to the stage in which prosecutors disclose evidence to defense attorneys, thereafter. His trials ought to be postponed until after the November 2024 election, however Trump’s legal team has contended in his previous cases that federal courts generally conduct criminal trials with greater efficiency than state courts.
The federal judge in Washington, D.C., Who sentenced six defendants involved in the January 6th attack on the U.S. Capitol to longer sentences than the government had requested is Tanya S. Chutkan, according to NBC News. Chutkan, an appointee of President Obama, is the judge tabbed to preside over the latest Trump case heard in the U.S. District Court.
What about the other case Smith is pursuing?
After leaving the White House in 2021, he kept government records at Mar-a-Lago, but failed to return them. In June, charges were brought against the former president for his involvement in the attack on the House. The indictment states that classified records, including discussions about possible retaliatory strikes and vulnerabilities of the U.S., As well as nuclear capabilities, were among the top-secret documents.
The disclosure of material that needs to be closely held by the government might harm the United States. Instead of simply ruling according to court rulings, the information that is related to national defense and does not have to be classified should not be unlawfully accused of violating the federal Espionage Act. Trump has been charged with 31 violations of the Espionage Act by a federal grand jury, involving some military sensitive documents.
The remaining six accusations claim that Trump tried to hide his ownership of the documents.
In the superseding indictment issued in July, three additional charges were levied against Trump: an extra allegation of intentionally preserving national security information, and two fresh allegations of impeding the legal process.
The first meeting in July 2021 at Trump’s golf club in Bedminster, New Jersey, allegedly showed documents discussing top-secret plans for an attack on a foreign country. Former Chief of Staff Mark Meadows and two aides, who were assisting President Trump, were involved in the meeting.
Investigators were seeking evidence that Trump had tried to hide some government documents by erasing video surveillance from Mar-a-Lago, the National Archives and Records Administration. They accuse Carlos de Oliveira, a new employee at Mar-a-Lago, and Walt Nauta, Trump’s personal aide, of trying to erase the video surveillance. Additionally, they have brought two charges of obstruction against Trump’s personal aide.
Why was Trump charged when others weren’t?
Trump is alleged to have impeded the government’s endeavors to recover documents, whereas Biden and Pence collaborated with federal officials to surrender them. Legal experts suggest that the factor that sets Trump’s situation apart from theirs is that Biden and Pence discovered classified papers in their ownership, whereas the FBI retrieved documents from Trump.
The investigation by the special prosecutor into the Biden documents is currently in progress. Pence, who stated this month that the Justice Department issued a statement, declined to press charges.
The former Secretary of State, Hillary Clinton, was investigated by the FBI in 2015 and 2016 for her use of a private email server at her home. The agency found that she had handled 110 pieces of classified information, which should have been restricted to the department’s classified email system. Despite no evidence of intentional violation of the law, James Comey, the then-Director of the FBI, criticized Clinton for her “careless” handling of classified material.
The FBI team reviewing the emails said that the emails related to the Business Department were not personal. Critics of the investigation say that Clinton’s staff should not have been allowed to destroy some of the 30,000 emails before they were reviewed.
The Department of Justice continues to prosecute and has prosecuted lower-level government employees for alleged acts of national defense information leaking. For example, five former or current government employees of the Trump administration were charged under the Espionage Act for document-related crimes.
Is the Biden administration prosecuting the president’s top political opponent?
The administration bears ultimate responsibility for the Justice Department, despite not being directly involved in the decision to bring charges against the former president. Polls indicate that Trump is the frontrunner among Republican candidates to challenge Biden in 2024, with a significant lead.
The appointment of Garland, picked by Biden as the Attorney General, prevented Smith from influencing the federal regulations. Although Smith was picked, there is a measure of independence from the White House, so the work of special counsel is to prosecute and investigate.
Doesn’t the Presidential Records Act absolve Trump?
“According to Trump’s statement on Truth Social, he asserts that, apart from the actions conducted by the DOJ and FBI against him over the years, no other criminal offense has occurred. Additionally, the former president argues that the federal Presidential Records Act grants him the power to retrieve documents and bring them to Mar-a-Lago.”
The act does no such thing, responded the National Archives and Records Administration, which is the official custodian of White House records.
The Presidential Records Act (PRA) mandates that the President must separate personal documents from Presidential records before leaving office. In certain reports, such as for a two-year period, there is no history, practice, or provision in law for presidents to take official records with them when they leave office to sort through. However, upon the conclusion of the President’s term in office, the PRA clearly states that NARA (National Archives and Records Administration) assumes responsibility for the custody, control, preservation, and access to the records of a President. NARA emphasized this in a statement released on June 9.
What happens next in the records case?
Aileen Cannon, a U.S. District Judge, has set a trial date for May 2024, where the trial will be held in federal court in Fort Pierce, Florida. Although a few states have already held their presidential primaries, this trial will take place after all of them.
The Trump team needs time to review the vast collection of documents involved in the case, considering the legal requirement for a speedy trial and the difference in the split Cannon. Trump’s lawyers sought to delay the start of the trial until December, after the election, in order to dismiss the charges or raise the possibility of Trump pardoning himself if victorious. Prosecutors wanted the trial to start in December.
Procedural motions, like a motion to dismiss the case, can be initiated as both sides and Trump’s lawyers reveal the evidence collected by prosecutors in the current phase of the case.
Why did New York City prosecutors investigate Trump?
Because of the accusations against Trump for breaching state laws in New York in 2016, while he was running for the presidency.
One of former President Trump’s attorneys, Michael Cohen, admitted in federal court that he paid $130,000 to porn actor Stormy Daniels shortly before the 2016 election to keep her from talking about her affair with Trump. Cohen also admitted that Trump reimbursed him for this payment, disguising it as monthly retainer payments from his real estate business in New York City.
One of the current lawyers of the former president has accused him of extorting money from her, and declined the invitation for the Manhattan grand jury to testify. Trump has denied having an affair with Daniels and has paid her to stay quiet.
What are the charges there?
Trump is accused of 34 separate violations of New York law, including falsifying business records to conceal another crime, relating to charges of writing 11 checks in 2017 to Cohen for invoices and account entries associated with them. The crime is punishable by up to four years in prison and a fine of $5,000.
According to Manhattan District Attorney Alvin Bragg Jr., The statement claims that the payments were a part of a scheme orchestrated by Trump to conceal damaging information from the public during the 2016 presidential election. The statement further alleges that as part of this scheme, Trump and “Lawyer A” (Cohen) made payments to either silence or suppress accusations made by a former Trump Tower doorman in 2015 and two unidentified women. The statement also claims that the conspiracy involved the editor in chief of the National Enquirer, who agreed to pay $30,000 to the doorman and $150,000 to one of the women in order to prevent them from discussing their allegations of extramarital affairs involving Trump.
According to her, McDougal says that she had an affair with Trump, but she denies having an affair with him. In 2018, McDougal, who seems to be the woman that Playboy’s former Playmate of the Year, Karen, sued the parent company of the National Enquirer.
The statement alleges that two other individuals, who are fiscal officers and financial chiefs of the Trump organization, signed the checks themselves. According to the statement, Trump signed nine checks of his own. The statement also alleges that there were no services rendered in that year by Cohen and no retainer agreement in place, although it was characterized as a legal retainer. The statement further claims that the Trump Organization paid Cohen back through monthly checks in 2017, even though there was no official retainer. The indictment charges Cohen in relation to the payment he made to the second woman, Daniels, which he has admitted to.
He was taken into custody, but reportedly and on Tuesday afternoon, he appeared in court in Manhattan accompanied by Secret Service agents. The reason he flew to New York City on Monday was to be present for his arraignment on Tuesday, as the law requires defendants to appear in person.
What happens next in that case?
In the beginning of 2024, decisions on those requests are not required. By the conclusion of August, defense requests will be necessary. His court case is set to commence on March 24, with Trump released on bail.
Is there a statute of limitations on Trump’s alleged N.Y. crimes?
Some legal analysts say that President Trump would have applied for this in his fourth year in the White House. Additionally, the clock stops when a defendant spends an extended amount of time away from New York. Moreover, the time limit was extended due to the COVID-19 pandemic, but it still exists.
Does this have anything to do with the 2020 election?
No. These allegations pertain to the 2016 election, which Trump emerged victorious in.
Isn’t Cohen a convicted liar?
Yes, he admitted to committing two breaches of campaign finance legislation and, in relation to the secret payments intended to silence individuals, he was charged with five instances of evading taxes. Furthermore, he confessed to deceiving a financial institution by providing false information about his outstanding debts with the intention of securing a $500,000 credit line against his home in 2018.
What about New York state prosecutors?
The state attorney general, Letitia James, filed a lawsuit against Trump, accusing him of fraudulently inflating his net worth on official financial filings. The suit also named Weisselberg, Trump’s businesses, and members of his family, claiming that they were involved in a scheme to obtain better terms on insurance policies and loans with Trump’s help.
This is a civil case seeking financial penalties, not a criminal case seeking jail terms. The Department of Justice and IRS have been referred the matter, alleging that Trump violated federal laws by making false statements and committing fraud against financial institutions. Possible criminal charges are being considered.
Who else is pursuing charges against Trump?
The grand jury has recommended multiple indictments that have not yet been acted upon, despite the call for action from Fulton County District Attorney Fani Willis. Trump and his supporters attempted to reverse Georgia’s outcome in post-election efforts. This case centers around an alleged interference with the 2020 presidential election, which is currently under investigation by a grand jury in Fulton County, Georgia, and has gained significant media attention. Biden secured a narrow victory in Georgia.
Trump has refuted any misconduct in this matter too.
Would being arrested affect Trump’s ability to serve as president?
No, even if he were sent to prison and convicted, President Trump, as a natural-born citizen and resident of the United States for at least 14 years, could serve as president as the U.S. Constitution requires a minimum age of 35 years.
His conviction would not inherently curtail his chances of winning the 2024 election. Additionally, his electoral campaign would undeniably impact Trump’s vulnerability to legal accusations, especially if he were incarcerated.
Therefore, in order to accomplish this, the responsibilities can be revoked from him if the vice president and a majority of high-ranking executive branch officials vote, or a president can temporarily transfer his responsibilities to the vice president if he is unable to fulfill them himself. The 25th Amendment could become relevant, which implies that it is uncertain how he would be able to fulfill the responsibilities of his position while incarcerated.
If the House did not impeach him (for a third time) and the Senate did not convict him (for the first time), Trump would remain in office and could not be removed.
When determining whether to consider acts as impeachable offenses, Congress must decide what constitutes such acts. The fact is, the Constitution does not specify the exact misdemeanors and high crimes required for impeachment to occur before a president takes office.